What constitutes wrongful suspension from employment?
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What constitutes wrongful suspension from employment?
ME: “I respond better to these situations face-to-face rather then in a text message that I can perceive as being snide & unprofessional. If you have issues then I’d much prefer to speak to u to resolve these issues the next time I work. Maybe u, the kitchen, my manager, the servers and I can all be on. MANAGER: “OK, I am not fond of your text because I am your boss. And seeing how you don’t ever speak to you boss like that I am suspending you for 2 weeks as of now! if you have a problem with that come and see me on Monday.” Was I out of line or is this manager in the wrong?
Asked on November 22, 2010 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I'm afraid that you may not have too many rights/options here. In most states employment, including CA, relationships are what is known as "at will". Consequently, an employer can hire or fire someone for any reason or no reason whatsoever, as well has increase/decrease salary/hours, promote/demote, and generally impose requirements as they see fit; including the terms of a suspension. You in turn can work for your employer or not, your choice.
The exceptions to the above would be if there is a stated company policy contrary to the way in which your situation was handled, or there is a union/employment agreement that does not allow for such action, or this situation has arisen due to some type of discrimination (i.e., for reasons due to your race, religion, age, disability, sex, national origin). Absent any of the foregoing, your employer's action did not violate the law.
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